CCPA fines VLCC Rs 3 lakh for misleading CoolSculpting slimming ads

The Central Consumer Protection Authority (CCPA) on Saturday imposed a penalty of Rs 3 lakh on VLCC Limited for publishing misleading advertisements about fat-loss and slimming treatments through the use of the US-FDA approved CoolSculpting procedure/machine.

 

The matter came to the notice of CCPA through a complaint and monitoring of advertisements in the slimming and beauty sector.

 

“On examination, it was found that VLCC was making exaggerated claims of drastic weight loss and inch reduction within a single session, which went far beyond the actual approval granted to the CoolSculpting machine, thereby misleading consumers,” stated a release by the Ministry of Consumer Affairs, Food & Public Distribution.

 

VLCC’s claims like “Lose up to 600g and 7 cm in 1 session”, “Drop 1 Size in 1 session permanently” etc, gave consumers the false impression that CoolSculpting guarantees permanent and significant weight loss.

 

“In reality, the procedure is only approved for localised fat reduction in specific body areas and only for individuals with a Body Mass Index (BMI) of 30 or less,” the authority noted.

 

It further noted that the CoolSculpting machine, manufactured by Zeltiq Aesthetics, is approved by the US-FDA only for the reduction of localised fat bulges in areas such as the upper arm, bra fat, back fat, banana roll, submental area and is not a weight-loss treatment.

 

Moreover, clinical trials submitted to the US-FDA included only 57 participants of Caucasian, Hispanic, and African American ethnicity, with no Indian or Asian representation. The US-FDA has not given any specific endorsement for the use of CoolSculpting in India, the CCPA added.

 

“By omitting these critical facts, VLCC misled consumers in violation of the Consumer Protection Act, 2019,” it said, while penalising the establishment. It further directed VLCC to make several disclosures while advertising.

 

These include disclosing prominently the specific body areas targeted for fat reduction, that the procedure works only for individuals with BMI of 30 or less, demographics where the machine has been tested.

 

VLCC was further asked to clearly mention: “The CoolSculpting Procedure is used for treatment of the focal fat deposits and not weight loss” — in both advertisements and consent forms, in a clear and easily readable manner, and further discontinue unfair and prejudicial contract clauses that attempt to escape legal liability and accountability for the claims made.

 

Moreover, the authority cautioned all beauty clinics, wellness centres, and service providers using CoolSculpting machines in India to follow these directions with strict adherence.

 

“Any violation will invite stringent action under the Consumer Protection Act, 2019, including penalties, discontinuation of misleading advertisements, and legal proceedings,” the CCPA further noted.